Patna High Court
Avdhesh Sahani @ Avdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The court denied anticipatory bail to the petitioner.
Summary
Avdhesh Sahani petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in connection with a 2016 theft case (Section 379 IPC) involving a stolen tractor. The prosecution’s case relied on the confessional statement of a co‑accused, Majhar Mian, to implicate the petitioner, while no direct material was found on him. The petitioner argued that he was innocent, had not been present at the scene, and that the only link was the co‑accused’s statement; he also highlighted his lack of incriminating evidence. The State countered that the petitioner was an absconder, had three prior similar cases, and that a process under Section 84 of the BNSS had been issued. Considering the seriousness of the allegation, the petitioner’s criminal antecedent, and the material presented, the court declined to grant anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the theft case and his prior criminal antecedent.
- Whether the confessional statement of a co‑accused suffices to justify denial of anticipatory bail.
Legislation cited
- BNSS — s. 84
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- theft
- section 379 IPC
- criminal antecedent
- absconder
- confessional statement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27761 of 2026
Arising Out of PS. Case No.-251 Year-2016 Thana- KALYANPUR District- East Champaran
======================================================
Avdhesh Sahani @ Avdhesh Kumar Son of Ramchandra Sahani R/O Village-
Laxmipur Bahilwara, P.S.- Saraiya, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Kalyanpur P.S. Case
No. 251 of 2016 registered for the offences under Section 379 of
the Indian Penal Code.
3. As per prosecution case, tractor of the
informant was stolen by unknown thieves and the name of the
petitioner transpired during investigation for being involved in
the said occurrence.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been has been recovered from
the person or possession of this petitioner, who was not present
Patna High Court CR. MISC. No.27761 of 2026(2) dt.30-04-2026
2/2
at the place of occurrence and was not involved in the said
occurrence. The name of the petitioner transpired during
investigation on the basis of confessional statement of co-
accused Majhar Mian and apart from that there is no material to
show the involvement of the petitioner. The petitioner has
criminal antecedent of three cases of similar nature.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
has been declared absconder and process under Section 84 of
BNSS has been issued. Learned APP further submits that the
petitioner has criminal antecedent of three cases of similar
nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
criminal antecedent of the petitioner along with nature of
allegation against him, I am not inclined to enlarge the petitioner
on anticipatory bail and hence, his prayer for anticipatory bail is
rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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